TRINPY PTY LTD (ABN 18 605 207 109)
Terms and Conditions
Trinpy provides a platform for users to share their digital model designs (‘Design’) on the Site, which can be purchased and downloaded to create physical objects from 3D printers and other additive manufacturing methods.
By accessing and using the Trinpy.com website (which includes Trinpy.co, Trinpy.net and Trinpy.com.au, referred to collectively as “Trinpy” or the “Site”), you agree to these Terms and Conditions, whether personally or on behalf of any entity that you are legally representing. If you are using Trinpy on behalf of an organisation, you agree to these Terms and Conditions on behalf of that organisation. If you do not agree with these Terms and Conditions do not access or use the Site.
The Site and the underlying technology used to run the Site is the Intellectual Property and a copyrighted work belonging to Trinpy Pty Ltd. Except for intellectual property rights in the Designs that are uploaded to the Site, which remain the Intellectual Property of the uploading owner user, Trinpy owns all Intellectual Property rights created during the course of providing the Site.
Trinpy does not claim any Intellectual Property rights over the Designs that owner users upload to the Site. All Designs remain the property of the uploading owner user. Users can remove their Designs at any time by deleting their account.
The uploading owner user retains ownership over all original artwork, design elements, and other graphic information contained in that Design uploaded to Trinpy. However, by making the Designs public the uploading owner user agrees to allow other users to view, download and make the physical object from the Design (for their own domestic use), in exchange for the Royalty Fee.
Trinpy respects the intellectual property rights of others and expects users of the Site to do the same. Trinpy will take reasonable steps to ensure that the uploading user’s moral rights as the author of any Intellectual Property are recognised and respected. As a downloading user you agree to do the same. When users download a Design, the user agrees to only use that Intellectual Property as limited and allowed by the owner.
Users agree not to infringe the Intellectual Property rights of other users of the Site. Users agree not to resell Designs or products produced from Designs owned by other users of the Site without their express permission.
Downloading users acknowledges that copyright in the Design or any part of the Design is and remains the property of the uploading owner user and that the Design must only be used or dealt with by the downloading user as provided in this Agreement.
The downloading user may print a purchased Design as often as they like for their own personal or domestic use, but agrees not to modify, distribute or alter the Design in any way, or to sell either the Design or the physical objects made from the Design to other parties, without first obtaining the express written permission from the uploading owner user.
The downloading user must ensure that the Design is not subjected to any treatment which is prejudicial to the honour or reputation of the owner user. The downloading user must not infringe the moral rights of the owner user.
The downloading user acknowledges that it must not hold itself out, engage in any conduct or make any representation which may suggest to any person that they are for any purposes the agent of the owner user, or sell, offer to sell or license the Design to any other party.
All Designs uploaded remains the uploading user’s responsibility. Uploading owner users are solely responsible for any dealings with downloading users beyond the Trinpy Site. Uploading owner users must not refer complaints or inquiries in relation to such to Trinpy. If you believe that your Design has been copied in a way that constitutes copyright infringement of your Intellectual Property rights, you may notify Trinpy and request that the Design in question is removed from the Site. Trinpy, in its absolute discretion, may determine whether or not to comply with this request, however Trinpy undertakes to reasonably cooperate with any relevant and lawful order made by the Australian Courts in relation to a Design so as to preserve the rights of the original Design owner. The uploading owner user acknowledges that you are solely responsible for seeking a remedy against the infringer. Trinpy will strive to cooperate with any lawful orders made by an Australian Court in relation to the preservation of an original owner’s intellectual property rights.
Trinpy reserves the right to remove content alleged to be infringing without prior notice, at Trinpy’s sole discretion, and without liability to users. In appropriate circumstances, Trinpy will also terminate a user’s account if the user is determined to be a repeat infringer.
The uploading owner user acknowledges that they remain responsible for the compliance of the Design with any applicable laws or regulations, including statutory consumer guarantees under the Australian Consumer Law, as contained in Schedule 2 of the Competition and Consumer Act 2010.
Uploading users warrant that:
- The user is the rightful and legal owner of the Design and its Intellectual Property;
- the user has the right to sell the Design;
- the Design is of acceptable quality;
- the Design matches the description provided;
- the Design is fit for any purpose described by the uploading owner user in conjunction with the Design; and
- the user understands and acknowledges that under the Australian Consumer Law, a manufacturer may be liable to compensate affected persons for loss or damage suffered as a result of supplying goods with a safety defect.
Limitations of Service:
Users acknowledge that, due to the inherent risks of the internet, and of computer-based networks and systems, Trinpy cannot guarantee that the Site will be uninterrupted or error free. Trinpy will endeavour to keep the Site as error free and accessible as possible. If users experience technical difficulties please contact Trinpy here: firstname.lastname@example.org
Users who share their Design on the Site will be paid a royalty fee based on the popularity (number of downloads) of their Design. The exact share of revenue is determined by a proprietary algorithm owned by Trinpy. Trinpy will always pay out a minimum of 70% of revenue in royalties and in some cases may pay up to or over 100% of the revenue generated. Trinpy will also withhold a portion of the royalties owed in accordance with Australian taxation law. The amount of royalties withheld will depend on the country in which the uploading owner user is based but is typically between 5-15% of the total amount. Users should contact the Australian Taxation Office regarding any applicable amount of royalties withheld specific to their country and the income tax treaty between Australia and that country.
Occasionally Trinpy may offer third party products or services on the Site. Trinpy reserves the right to use any Design and associated electronic media for Trinpy’s promotional purposes and uploading users agree that any of their designs may be printed by Trinpy and the resulting object may be used, at Trinpy’s sole discretion, for Trinpy’s marketing purposes. Trinpy will not change a user’s Design or give away the Design; Trinpy will only print the physical model to use for promotions, which may include giveaways or photos of the printed object being included on promotional material. Each time that Trinpy prints a Design, the owner user will receive the download Royalty Fee, in addition to the added benefit of exposure for their Design.
Limitation of Liability:
To the extent permitted under the Australian Consumer Law, Trinpy will not be liable for any direct or indirect/consequential loss in relation to any product defects of the Designs shared via the Site. Nothing in this Agreement is intended to, or attempts to, exclude or limit the operation of the Australian Consumer Law in any respect.
Trinpy is not liable for any losses users suffer or incur due to factors outside Trinpy’s reasonable control. Trinpy is also not liable to owner users that upload a Design for any loss, however caused, suffered or incurred in connection with the Site or this Agreement. Trinpy is not liable for any indirect or consequential losses, or any loss of revenue, loss of profit, loss of business opportunity, or payment of liquidated sums, penalties or damages (under any agreement) sustained by the user or any other person arising from or in connection with the Site or this agreement.
Trinpy is not liable for any losses you suffer or incur by or in connection with the Site or this agreement that is caused by (or to the extent contributed to by) the acts or omissions of a third party.
You agree to release. indemnify and hold harmless Trinpy and its affiliates, agents, employees or representatives (together, “Indemnified Parties”) against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or user’s use of the Site and the Designs featured thereon, and will reimburse each Indemnified Party for all legal and other expenses, including reasonable legal fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
Dispute Resolution and Governing Law:
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by and construed in accordance with the laws of the State of South Australia and any actions taken in relation to or arising from this Agreement shall proceed in accordance with the laws of that State.
Any provision in this Agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the validity or enforceability of that provision in any other jurisdiction.